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Sick Father

If my father remains too sick to come home and has to stay in a nursing home for a long period of time until his insurance and medicaid run out then as I understand they will come after his assets for payment. His home is paid for but my question is can he quick deed the house to one of his children so that the nursing home will not come after it for payment. He worked very hard all his life and this is his only real asset which in his will is to be sold and divided amongst his children. Please advise.

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My father recently passed away. He was drawing social security and on medicare for about 5 years. He lived in his own home with his brother. Because he was terminal he was ineligible for life insurance. My sister & I paid for his burial and our uncle remains in the home. We are afraid to probate the will to transfer the property(house & 2 older cars) because we were told that Medicare may try to take the house to seek repayment. Can they do this? He was never in a nursing home. He & my uncle handled his care at home or through the dialysis clinic. He died in the hospital after 5 weeks.

Like | Dislike | Share | Posted: Thu, 04/23/2009 - 11:53 | Post subject:

manoj_gopale's picture
manoj_gopale | Joined: February 16, 2009 10:31 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

you have mentioned that he haven't used the nursing home facility so he won't be liable for the purpose of the lien on his home.

I think they ( medicaid officer ) will not be coming after the property.

Like | Dislike | Share | Posted: Tue, 04/28/2009 - 23:31 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My brother and mother both owned a home together. My brother took a sizeable mortgage against the home having my mother who was 74 at the time sign the loan giving him her half of the house upon her death. The bank would not give the loan to my bother unless their was a survivorship clause put in the mortgage. My mom recently past away and the house went to my brother. This was not my mothers wishes as she told me just months before her death that her half of the house will be split between her three children. My mom was blind but did sign the papers. Anyway, she was on medicaid. She was not in a nursing home. Will medicaid put a lien on the house for reimbursement of her medical cost that medicaid paid for? She lived in her home by herself.

Like | Dislike | Share | Posted: Fri, 05/08/2009 - 19:26 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi highlights,

Yes, there are chances that Medicaid would put a lien on the house for reimbursement of her medical cost that medicaid paid for.

Thanks

Like | Dislike | Share | Posted: Fri, 05/08/2009 - 20:34 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i am a part owner of a bldg, my uncle is the other owner medicaid wont kick in till they exhaust his assets, we are selling the house but power of attorney on his behalf went to his daughter because he is considered incompetent to handle things, will he still get 90 days to turnover his portion of the home to his kids so medicaid doesnt put a lien on his share and if yes does that mean when its sold his kids can keep the money or does medicaid want whats owed to them? the house is paid for

Like | Dislike | Share | Posted: Sun, 05/10/2009 - 10:16 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi dawn,

Though he has given a power of attorney to his daughter, he can still transfer property to his kids. However, you have mentioned that he is considered to be incompetent to handle things. In such a situation, it would be better if the daughter handles these things on his behalf.

Medicaid has the right to recover the money from the kids. Moreover, you should note that Medicaid has a look back period of 5 years. Any transfer of property within the last 5 years will make your uncle ineligible for Medicaid benefits.

Like | Dislike | Share | Posted: Sun, 05/10/2009 - 23:20 | Post subject:

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